Was the Sultan of Perak blackmailed?

On 3rd July and 11th August 2008, DATUK KONG HONG MING made two separate reports to the Anti-Corruption Agency in Kota Kinabalu with regards to alleged corruption in the awarding of the ‘Jalan Sapulut – Kalabakan, Tawau’ road project at the contract sum of RM565 million. The sub-contract was awarded to Gamuda Berhad , a company owned by Raja Datuk Seri Eleena Raja Azlan Shah. Thus far no action has been taken by the Anti-Corruption Agency. Was this used to blackmail the Sultan of Perak?

Further reading:

Perak, PR, BN and Gamuda - It’s all about Business, Stupid

Construction New Road Project From Sapulut to Kalabakan, Sabah

To:

The Director / Officer In-Charge
Anti-Corruption Agency (ACA)
Tawau

Dear Sir,

Re: AN ACA REPORT – Request for Investigation of Any Corrupt Practices and Abuse of Power on the Construction of ‘Jalan Sapulut – Kalabakan, Tawau, Sabah’ as a Design & Build Contract at the Contract Sum of RM565 million

I, DATUK KONG HONG MING (NRIC NO.530306-12-5323), a Malaysian of Lot 21, 3rd Floor, Block C, Damai Point, Luyang, Kota Kinabalu (Hand-phone 0138888188 and 088-233558) hereby make this report calling upon ACA to investigate any corrupt practices or abuse of power committed in the implementation of a road construction project by the Federal Government through Jabatan Kerja Raya.

The subject matter of this complaint is a Design & Build contract for a road project described as ‘Jalan Sapulut – Kalabakan, Tawau’ at the contract sum of RM565 million. The design for the road project at the contract sum of RM565 Million for 179 kilometer was a permanent bituminous road with sealed pavement.

The contractual obligations of the contractor in a Design & Build contract require the contractor to provide the design, scope of work and specifications to be approved by the Government and to build according to the approved design, scope of work and specifications. Thereafter, based on negotiation between the Government and the contractor, the Government awarded the Design & Build contract at the negotiated contract sum, in this case, RM565 million for 179 kilometer of sealed road with bituminous pavement.

In a Design & Build contract like this contract, the contractor is not permitted to amend or vary the design and scope of work. In a nutshell, the contractor must complete the contract in full conformity with the approved design and scope of work without variation order.

The Project was completed sometime in early 2008 and the contractor has demobilized from the site recently.

Unfortunately, instead of building 179 kilometer of bituminous pavement serving as a major truck road linking the south and north of the State of Sabah, the Government has only completed only a 179 kilometer of standard gravel road wholly contrary to the Design & Build contract for a bituminous sealed road.

Before the Design & Build contract, the existing road was already then a good gravel road built and used by timber operator for logging activities.

I also urge your ACA experts to investigate into the very sub-standard and extremely poor quality of work done and workmanship carried out in this mega project costing our Malaysians taxpayers some RM565 million. It is just too plain and obvious in inspecting the newly completed retaining structures and concrete roadside drains which are already now in such deplorable conditions.

It is a crime to allow such shoddy workmanship and inferior work in this expensive project. What was the basis for the Government to accept the road as practically and satisfactorily completed?

This is a case of an outrageous and scandalous wrongdoing. It is more than just a serious wastage and abuse of public funds. It has also deprived all Malaysians especially Sabahans in Tawau a good system of road network in furtherance of our social and economic development.

Those who were responsible for the suffering of the people must be held accountable for this tragic loss of public funds and blatant abuse of power.

It will be more outrageous for us, especially the ACA, to ignore it.

Thank you for your attention and further necessary actions against those culprits who were responsible for any corrupt practices and abuse of power.

Yours faithfully,


__________________________
DATUK KONG HONG MING
Dated: 3rd July 2008

***************************************************************

11th August 2008

To:

The Director

Anti-Corruption Agency (ACA)

Kota Kinabalu

Dear Madam,

Re: AN ACA REPORT – Request for Investigation of Any Corrupt Practices and Abuse of Power on the Construction of ‘Jalan Sapulut – Kalabakan, Tawau, Sabah’ as a Design & Build Contract at the Contract Sum of RM565 million

I, KONG HONG MING (NRIC NO.530306-12-5323), a Malaysian of Lot 21, 3rd Floor, Block C, Damai Point, Luyang, Kota Kinabalu (Hand-phone 0138888188 and 088-233558) hereby make this report calling upon ACA to investigate any corrupt practices or abuse of power committed in the implementation of a road construction project by the Federal Government through Jabatan Kerja Raya.

On 03.07.2008, I lodged this complaint at the ACA office in Tawau. I provided some documents for the purpose of investigation. However, I am uncertain whether any investigation has been carried out. I must congratulate you that your ACA officers in Tawau were courteous and professional to complainant at least to me during two occasions. But, I was surprised that in another occasion while I was there, a male staff was not so happy to accept my report on other matter.

The subject matter of this complaint is a Design & Build contract for a road project described as ‘Jalan Sapulut – Kalabakan, Tawau’ at the contract sum of RM565 Million. The design for the road project at the contract sum of RM565 Million for 179 kilometer was a permanent bituminous road with sealed pavement.

The contractual obligations of the contractor in a Design & Build contract require the contractor to provide the design, scope of work and specifications to be approved by the Government and to build according to the approved design, scope of work and specifications. Thereafter, based on negotiation between the Government and the contractor, the Government awarded the Design & Build contract at the negotiated contract sum, in this case, RM565 million for 179 kilometer of sealed road with bituminous pavement.

In a Design & Build contract like this contract, the contractor is not permitted to amend or vary the design and scope of work. In a nutshell, the contractor must complete the contract in full conformity with the approved design and scope of work without variation order.

The Project was completed sometime in early 2008 and the contractor has demobilized from the site recently.

Unfortunately, instead of building 179 kilometer of bituminous pavement serving as a major truck road linking the south and north of the State of Sabah, the Government has only completed only a 179 kilometer of standard gravel road wholly contrary to the Design & Build contract for a bituminous road.

Before the Design & Build contract, the existing road was already then a good gravel road built and used by timber operator for logging activities.

I also urge your ACA experts to investigate into the very sub-standard and extremely poor quality of work done and workmanship carried out in this mega project costing our Malaysians taxpayers some RM565 million. It is just too plain and obvious in inspecting the newly completed retaining structures and concrete roadside drains which are already now in such deplorable conditions.

It is a crime to allow such shoddy workmanship and inferior work in this expensive project. What was the basis for the Government to accept the road as practically and satisfactorily completed?

This is a case of an outrageous and scandalous wrongdoing. It is more than just a serious wastage and abuse of public funds. It has also deprived all Malaysians especially Sabahans in Tawau a good system of road network in furtherance of our social and economic development.

Those who were responsible for the suffering of the people must be held accountable for this tragic loss of public funds and blatant abuse of power.

It will be more outrageous for us, especially the ACA, to ignore it.

Thank you for your attention and further necessary actions.

Yours faithfully,

__________________________

DATUK KONG HONG MING

My Address: Lot 21, 3rd Floor, Block C, Damai Point, Luyang, Off Jalan Damai, Kota Kinabalu

Tel (Office) 088-233558, Fax 088-245646, Hand-phone 0138888188